Territory Lease Terms
These Territory Lease Terms ("Lease Terms") govern each exclusive marketing territory your practice ("Client," "you") leases from TrialSmiles LLC ("TrialSmiles," "we," "us") by accepting a territory offer in the TrialSmiles client portal.
Accepting an offer — selecting a plan, agreeing to these Lease Terms, and authorizing payment — creates a binding agreement between you and TrialSmiles for that territory. The individual accepting represents that they are authorized to bind the Client. These Lease Terms supplement the Client Portal & Access Terms and any services agreement between us; if there is a conflict, a signed services agreement controls, then these Lease Terms, then the Access Terms.
What you are leasing
A territory lease gives your practice the exclusive right to our direct-mail smile-preview campaigns within the geographic footprint shown on your offer. Go, Plus, Pro, and Scale cover 40%, 60%, 80%, and 100% of its mailable homes. Your saved offer records the selected coverage, enrolled homes, 90-day postcard count, setup fee, and total mail price.
Selected homes are permanently divided into two demographically balanced mailing groups. Each group receives two mailings during every 90-day cycle, so each enrolled home receives one postcard about every 45 days. Homes outside your selected coverage remain reserved within your exclusive territory. Turbo is not included in these offers.
Term, commitment, and renewal
The lease begins when you accept the offer. Its first 90-day billing cycle starts on that acceptance date. Each cycle is a separate 90-day commitment (the Committed Term). The lease automatically renews for successive 90-day cycles, not month-to-month.
Either party may end the lease at a cycle boundary by giving at least thirty (30) days' written notice before that cycle begins. We prepare and lock the next cycle up to fourteen (14) days before its start. A committed cycle's price and postcard count cannot be changed.
Fees, billing, and payment authorization
Your offer freezes the first cycle's mail price and its one-time setup fee. The setup fee is collected in full with the first payment, is not charged again, and is non-refundable except where required by law. Each 90-day mail total is collected in three level amounts dated 30 days apart; any remainder cents go to the earliest charges. The first payment uses hosted Checkout, which saves your card for the next two automatic charges. Later cycles are priced from their scheduled postcard counts and the applicable coverage rate, and their totals and charge amounts may differ from the first cycle. We record each cycle's total before collection; a later rate change never changes an already committed cycle.
By accepting an offer you authorize us and our payment processor to save and charge your selected payment method on those 30-day dates for the committed amounts and any applicable taxes. Except as expressly stated in these Lease Terms or required by law, fees are non-refundable.
If a payment fails, we may retry it, and we may suspend mailings and portal access until the balance is paid. Suspension does not relieve you of your payment obligations.
Exclusivity
While your lease is active and your account is current, we will not run our smile-preview direct-mail campaigns for any other dental practice within your territory footprint. Exclusivity applies to our own campaigns and services; it does not restrict any third party, and it ends when the lease ends or while the lease is suspended for non-payment.
Early termination
If you end the lease, or we end it for your uncured breach, before the Committed Term is complete, the unpaid balance of the committed three-month cycle becomes due, to the fullest extent permitted by law. This reflects that territory inventory is held exclusively for you and turned away from others from the day of acceptance.
Delivery commitments and limits
The first mail plan requires our staff approval before any mail dates are scheduled. We will use commercially reasonable efforts to deliver the recorded postcard count on the balanced-group cadence described above. Exact drop dates may shift due to approval, print and postal operations and other factors outside our control; a shifted drop does not change the committed cycle total.
Marketing results are not guaranteed. The disclaimers and limitations in the Client Portal & Access Terms — including that no particular lead volume, response rate, appointment, patient, or revenue outcome is promised — apply to every lease.
Territory integrity
The territory footprint is fixed at acceptance and will not be redrawn during the lease except by mutual written agreement. If we and you agree to expand or exchange territory, the change takes effect as a new or amended lease with its own recorded scope and fee.
Order form and record of agreement
After acceptance we may send you an order form summarizing the lease — territory, coverage plan, cycle total, monthly charges, and Committed Term — for electronic signature. The order form is a record of the agreement you have already made by accepting in the portal; declining or failing to sign it does not affect the validity or enforceability of your acceptance, which we record together with the date, time, network address, and version of these Lease Terms.
Suspension and termination for cause
We may suspend delivery and portal access, and after notice end the lease, if:
- any undisputed amount remains unpaid after notice;
- your payment authorization is revoked with the payment processor; or
- you materially breach these Lease Terms or the Client Portal & Access Terms and do not cure within ten (10) days of notice.
Governing law, venue, and claims period
These Lease Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state or federal courts located in the State of Texas, waive any right to a jury trial, and agree that any claim arising out of or relating to these Lease Terms must be commenced within two (2) years after it accrues or it is permanently barred.
Contact us
TrialSmiles LLC
5900 Balcones Drive STE 100, Austin, TX 78731
support@trialsmiles.com
